Use and Enjoyment Clause Samples
The "Use and Enjoyment" clause defines the tenant's right to occupy and utilize the leased premises without undue interference from the landlord or other parties. Typically, this clause ensures that the tenant can conduct their business or reside in the property as intended, provided they comply with the lease terms and do not cause damage or nuisance. Its core function is to protect the tenant’s ability to benefit from the property, addressing potential disputes by clarifying the extent of the tenant’s rights and the landlord’s obligations regarding peaceful possession.
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Use and Enjoyment. 5.1. This security cession operates in respect of all rights, powers and privileges attaching to the Rights and Interests. In the event of any breach or failure timeously to pay or to perform any of the Obligations, the Cedentshall, if Land Bank so directs, exercise those rights, powers and privileges in its own name on behalf of Land Bank in accordance with Land Bank’s directions or Land Bank may exercise those rights, powers and privileges in its capacity as security cessionary.
5.2. The Cedent acknowledges that it may not cede, assign, transfer or in any other manner encumber, discount, factor, prejudice, compromise, grant any indulgences or agree to vary the terms of any document in respect of the Rights and Interests, or deal with the Rights and Interests, without the prior written consent of Land Bank.
5.3. For the avoidance of doubt, for so long as there is no breach or failure timeously to pay or to perform any of the Obligations, the Cedentshall (in each case on behalf of Land Bank) be entitled to enforce and receive payment for, delivery of, and/or performance in respect of the Rights and Interests in the ordinary course of business.
5.4. For so long as there is no breach or failure timeously to pay or to perform any of the Obligations, the Cedent shall be entitled to appropriate amounts collected in respect of the Rights and Interests to its own use.
Use and Enjoyment. 5.1. This security cession operates in respect of all rights, powers and privileges attaching to the Rights and Interests. In the event of any breach or failure timeously to pay or to perform any of the Obligations, the Cedentshall, if Land Bank so directs, exercise those rights, powers and privileges in its own name on behalf of Land Bank in accordance with Land Bank’s directions or Land Bank may exercise those rights, powers and privileges in its capacity as security cessionary.
5.2. The Cedent acknowledges that it may not cede, assign, transfer or in any other manner encumber, discount, factor, prejudice, compromise, grant any indulgences or agree to vary the terms of any document in respect of the Rights and Interests, or deal with the Rights and Interests, without the prior written consent of Land Bank.
5.3. For the avoidance of doubt, for so long as there is no breach or failure timeously to pay or to perform any of the Obligations, the Cedentshall (in each case on behalf of Land Bank) be entitled to enforce and receive payment for, delivery of, and/or performance in respect of the Rights and Interests in the ordinary course of business.
5.4. For so long as there is no breach or failure timeously to pay or to perform any of the Obligations, the Cedent shall be entitled to appropriate amounts collected in respect of the Rights and Interests to its own use.
5.5. Notwithstanding clause 5.4 Land Bank shall be entitled to demand that the Cedent open an account with a commercial bank and that all amounts collected in terms of clause 5.3are deposited into such account. The Cedent shall on written request by Land Bank cede in security all of its right, title and interest in and to such account to Land Bank and the Cedent shall inform the commercial bank of such cession. For the avoidance of doubt, Land Bank shall not be entitled to exercise its rights in terms of such security cession of the Cedent’s rights in respect of the account, until such time as the occurrence of a breach or a failure by the Cedent to timeously pay or perform any of the Obligations.
Use and Enjoyment. If you subscribe to any Services, and those Services are used and enjoyed by a subsidiary of you in a country that is different from your location as determined pursuant to Section 13.6, you confirm that, where required, you will treat this as a supply to your subsidiary. If you subscribe to the Services and those Services are used and enjoyed by a branch or individual in a country that is different to your location as determined pursuant to Section 13.6, you acknowledge that you will inform Zoom of the Services that have been allocated, and you acknowledge that Zoom reserves the right to charge Taxes and Fees based on the use and enjoyment of those Services.
Use and Enjoyment. The real properties and the leased premises described in Exhibit "11" and all buildings and structures located thereon and the conduct of business as presently conducted do not violate, in any material respects, any Laws including any zoning or building laws, by-laws, ordinances, regulations, covenants or official plans. The use of the real properties and leased premises in the manner in which they are presently used is not materially adversely affected by any such laws referred to in the preceding sentence. The Company has not received any notification alleging any such violation except as set forth in Exhibit "8" and there is no basis for the Company receiving such notification. Such buildings and structures (or any equipment thereon) do not encroach upon any lands not owned by the Company. There are no encroachments from adjacent lands unto the real properties. The Company has adequate rights to ingress and egress to the nearest public street for the operation of its business activities the ordinary course. There are no expropriation, condemnation or similar proceedings pending or threatened, with respect to any of the real properties or the leased premises or any part thereof. All public utilities required for the operation of its business activities connect to the real properties and the leased premises are through adjacent public streets or by way of valid, registered easements.
Use and Enjoyment. The Declarant, during the Development Period, and each Owner are hereby granted a non-exclusive right and easement of use and enjoyment in common with others of the Common Area except as limited by the assignment of Reserved Common Area or designated as Limited Common Area for the exclusive use of one or more Owners pursuant to Section 3.8. Each Owner is also hereby granted a non-exclusive easement for egress and ingress and utility services over the Common Area serving such Owner's Lot to the extent necessary to provide vehicular and pedestrian access and utility service to such Owner's Lot such easement to include driveways, lead sidewalks and sanitary laterals as necessary. Such easements for ingress and egress and utility service may be relocated by the Association, acting through its Board of Directors without Owner or Mortgagee approval, but shall not be extinguished by termination of the Declaration or conveyance of the Common Area unless alternative access is provided, if necessary, and the Owner of the Lot consents in writing to the termination of the easement. The foregoing rights and easements of use and enjoyment and access, ingress and egress and utility services shall be appurtenant to each Lot, whether or not mentioned in the deed thereto. Any purported conveyance or other transfer of such rights and easements apart from the Lot to which such rights and easements are appurtenant shall be void. Subject to the Rules and Regulations and such other restrictions as may be adopted by the Association, any Person having the right to use and enjoy certain Limited Common Area or Reserved Common Area may delegate such rights to such Person's customers, tenants, guests, employees, agents and invitees and to such other Persons as may be permitted by the Association.
Use and Enjoyment. Licensee and Licensee’s invitees (e.g., guests) shall be entitled to use the Suite at times for which appropriate tickets for admission to the Suite have been obtained and the Stadium is intended to be open for use by the general public, and on non-event days during normal business hours with the prior consent of the Team. Licensee and Licensee’s invitees shall be bound by and shall observe the terms and conditions upon which tickets for admission to the Stadium have been issued by the Team or the sponsor or promoter of each event including, without limitation, (i) any policies, rules or regulations which may be created by the Team from time-to-time with regard to the use of the Suites, and (ii) the policies adopted by the promoter of such events from time-to-time with respect to the cancellation or postponement of the event. For reasons including the protection of Licensee and invitees of Licensee, the Team retains the right to control access to all of the Private Suites at the Stadium. Licensee acknowledges that this License is merely a license permitting Licensee limited access to the Suite for certain events scheduled at the Stadium. Access to the Private Suite Level shall be allowed only to persons holding appropriate tickets or passes. The Suite shall be provided with a lock system, although the Team shall have no obligation to provide security for the Private Suites, and shall have no liability related to security. This License provides Licensee only with the right and privilege to use and enjoy the Suite in the manner set forth herein, and except as pertains to the special right and privilege to so use and enjoy the Suite, this License does not confer upon Licensee or Licensee’s invitees any greater or lesser rights and privileges with respect to admission to the Stadium than afforded to other holders of tickets for admission to the Stadium. To the extent the Suite is not utilized by Licensee for any event described in Section 5(b)(iv), the Suite may be utilized by others as allowed by the Team. Licensee has no exclusive possessory interest in the Suite.
Use and Enjoyment. Each Owner and Occupant shall have a right and non-exclusive easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from the Unit over those portions of the Condominium designated for such purposes), and such easement shall be appurtenant to and shall pass with the title to each Unit, subject to the rights of the Owners to the exclusive use of the Limited Common Elements assigned to their respective Units and
Use and Enjoyment. Lessor covenants that it has the right to enter into this lease and that it will fully perform all obligations hereunder; the Lessor has title to the leased premises hereby demised and that Lessee shall have peaceful possession and quiet enjoyment of the leased premises so long as the Lessee pays the rent and other charges as herein provided and observes and performs all of its covenants and obligations hereunder.
Use and Enjoyment. If Customer purchases Zoom Services, and those Services are used and enjoyed by a subsidiary of Customer in a country that is different to Customer's location as determined by Section 6.8 of this Agreement, Customer confirms that where required Customer will treat this as a supply to its subsidiary. In the event Customer purchases services and those services are used and enjoyed by a branch or individual in a country that is different to the Customer's location as determined by Section 6.8 of this Agreement, Customer acknowledges they will inform Zoom of the Services that have been allocated and Customer acknowledges that Zoom reserves the right to charge Taxes and Fees based on the use and enjoyment of those services.
Use and Enjoyment. The club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft.